Home Office review of Adult Dependent Relative rules
The Home Office has published a new review into the Immigration Rules concerning Adult Dependent Relatives (ADR).
Background to Review.
In July 2012, Appendix FM of the Immigration Rules (the Immigration Track for Family Members) was amended to cover Adult Dependent Relatives of non EEA citizens. These provisions, however, are limited to a fairly small group of individuals. For someone to gain leave as an ADR, it is necessary for them to prove that:
- As a result of age, illness or disability, they require long-term personal care to perform everyday tasks and that this can only be provided in the UK by their relative here.
- They are a close family member of said UK resident-namely a parent, grandparent, son, daughter, brother or sister.
- Their application is made from overseas.
- The sponsoring individual is over 18 years old.
- The sponsoring individual is British citizen or settled here.
- The sponsoring individual has committed to a five-year undertaking by the sponsor that they will maintain and accommodate (and, under the new rules, care for) their relative without access to public funds.
If these requirements are met, Indefinite Leave to Enter will be granted.
The review has made several key findings:
- The success rate for ADR applications is low. Only 19% of applications made in 2013 and 2014 were allowed and the data gathered so far from 2015 seems to suggest a figure as low as 11%.
- The new rules have resulted in an average reduction of 2,163 ADR grants per year compared to 2010-11.
- It has been estimated that this will save the NHS £249 million over 10 years.
- The report has also challenges reports that suggest that non-EEA national medical professionals have chosen not to work in the UK since the new ADR rules were implemented.
- The means requirement for sponsors (that they accommodate and fund the applicant’s stay) is likely to save administrative costs either for the NHS or for the ADRs themselves, who would have the complication of additional health insurance.
The Home Office therefore concludes that the new rules have been broadly successful in their stated aims, namely to reduce the burden on the taxpayer and to allow those who can only be cared for in the UK to be allowed to do so.
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For expert advice in relation to an application or appeal under Appendix FM to the Immigration Rules, contact our family migration immigration barristers on 0203 617 9173 or via our online enquiry form.